HBA-EDN H.B. 997 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 997
By: King, Phil
Juvenile Justice & Family Issues
2/25/2001
Introduced



BACKGROUND AND PURPOSE 

Current law prohibits a court from conducting a hearing or rendering a
final order in a suit for termination of the parent-child relationship
until the child is at least five days old if the petition for termination
is filed before the birth of the child.  The purpose of this statute may
not be entirely clear in that the five day limitation can be avoided by
filing suit after the birth of the child.  The statute may have been
enacted prior to the time in which relinquishments by law could not be
signed until the child is at least 48 hours old and with the intent of
preventing adoptive parents from losing possession of the child due to
legal technicalities created by the statute.  House Bill  997 repeals the
statute prohibiting a court from conducting a hearing or rendering a final
order in a suit affecting the parent-child relationship until the child is
at least five days old.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 997 amends the Family Code to repeal the provision that
prohibits a court from conducting a hearing or rendering a final order in a
suit for termination of a parent-child relationship until the child is at
least five days old. 

EFFECTIVE DATE

September 1, 2001.